Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 113

Declaration of John L. Slafsky in Support of 112 MOTION for Summary Judgment Notice of Motion, Motion, and Memorandum of Points and Authorities ISO Go Daddy's Motion for Summary Judgment filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Related document(s) 112 ) (Slafsky, John) (Filed on 11/2/2011)

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EXHIBIT 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PETROLIAM NASIONAL BERHAD (PETRONAS), Plaintiff, CASE NO. 09-CV-5939PJH vs. GODADDY.COM, INC., Defendant. / ::: CONFIDENTIAL ::: 30(b)(6) DEPOSITION OF JESSICA HANYEN DATE: Wednesday, October 12, 2011 TIME: 11:58 a.m. LOCATION: BALLARD SPAHR, LLP 1 East Washington Street, Suite 2300 Phoenix, Arizona 85004 REPORTED BY: JANICE HARRINGTON, RPR, CRR, CLR AZ Certified Court Reporter No. 50844 Registered Professional Reporter Certified Realtime Reporter Certified LiveNote Reporter MBreporting 111 Deerwood Road, Suite 200 San Ramon, California 94583 10/12/2011 Jessica Hanyen Berhad/Petronas v. GoDaddy Q. 1 2 Hosting. Okay. Okay. And is there somebody else who's responsible for domain names? A. 3 Domain names are covered by the Uniform 4 Domain Name Dispute Resolution Policy. So we have a 5 specific group that handles domain name issues. Q. 6 7 names differ from the policy for hosting accounts? A. 8 9 Okay. So how does the policy for domain What we do for hosting accounts is voluntary as a company. Meaning that there are no 10 regulations or laws that require us to take action so 11 we go off of our trademark and our copyright policy 12 to take action on those. When we're talking about domain names, 13 14 that is specifically spelled out by ICANN through the 15 Uniform Domain Name Dispute Resolution Policy or 16 UDRP. And basically we follow what the arbitration 17 forums or courts tell us to do. Q. 18 Okay. So why don't you go ahead and take 19 a look at Exhibit 1. It's Anderson Exhibit 1, and 20 this is a Notice of Federal Rule of Civil Procedure 21 30(b)(6). And I understand you have been designated 22 as Go Daddy's deponent on topics 11, 12 and 17. Do I 23 have that right? Is that right? 24 25 MR. LANSKY: That's right. BY MR. CLARK: MBreporting ::: CONFIDENTIAL Page: 7 10/12/2011 Jessica Hanyen Berhad/Petronas v. GoDaddy 1 Q. I see. And how is it separate? 2 A. When we're talking about the Go Daddy 3 auctions, we're talking about removing domain names 4 from being listed for auction. So that is basically 5 responding to complaints that have to do with that 6 particular product. 7 Q. 1 see. 8 A. It's its own entity. 9 Q. Okay. Now, as part of Go Daddy's 10 agreement with its customers, is there anything in 11 any of Go Daddy's agreements that would prevent it 12 from taking action on a trademark claim? 13 MR. LANSKY: Object to the form. 14 THE WITNESS: No. 15 BY MR. CLARK: 16 Q. And in terms of the distinction between 17 applying the trademark policy to websites hosted by 18 Go Daddy and not applying it to domain names that 19 aren't hosted by Go Daddy, do you know who made that 20 decision for the policy to apply that way? MR. LANSKY: Object to the form of the 21 22 question. THE WITNESS: When Go Daddy became an 23 24 ICANN accredited registrar, there were certain things 25 that Go Daddy had to adhere to. One of those things MBreporting ::: CONFIDENTIAL ::: Page: 33 10/12/2011 3essica Hanyen Berhad/Petronas v. GoDaddy 1 is Uniform Domain Name Dispute Resolution Policy, and 2 that governs how we treat issues that have to do with 3 domain names. When it came to hosting which was another 4 5 product of ours, there wasn't anything in place for 6 that. So this policy is a direct response to that as 7 a way that we can address issues that have to do on 8 website content or our products. 9 BY MR. CLARK: Q. 10 Okay. So does the UDRP, Uniform Domain 11 Name Dispute Resolution Policy, does that deal with 12 domain name forwarding services? A. 13 The Uniform Domain Name Dispute 14 Resolution Policy has to do with the domain name 15 itself. Q. 16 17 Okay. Just the registration of the domain name? 18 MR. LANSKY: Object to the form. 19 THE WITNESS: It's mostly going to deal 20 with domain name ownership. 21 BY MR. CLARK: Q. 22 23 Okay. Does it deal with domain name forwarding? 24 A. I don't know. 25 Q. So you don't know whether or not the MBreporting CONFIDENTIAL ::: Page: 34 10/12/2011 Jessica Ha nyen Berhad/Petronas v. GoDaddy 1 pretty steady. 2 Q. Okay. And do you have any idea how many 3 trademark infringement claims Go Daddy receives each 4 year? A. 5 I don't know a specific number, but it is 6 in the thousands. 7 Q. And of those claims -- I'm sorry if you 8 already told me this, but what's your estimate of how 9 many of those relate to hosted accounts? 10 A. Actionable claims are in the hundreds. 11 Q. Okay. And of the actionable claims, give 12 a sense of what percentage of those actually result 13 in a hosting account being cancelled or suspended? A. 14 It would be suspended and any actionable 15 claim that we get a valid complete complaint for 16 we're going to take action on. So a majority, vast 17 majority. I couldn't really give you a specific 18 number. 19 Q. And when you have the -- when there is a 20 valid trademark claim for a hosted website, the Go 21 Daddy customer has the opportunity to provide a 22 counter-notification; is that correct? 23 A. 24 Q. And can you describe what a 25 Yes. counter-notification is? MBreporting ::: CONFIDENTIAL ::: Page: 51 CERTIFICATE 1 2 I, 3 4 ReporLer for ,-Tanice E. the That 5 5 by me; that I 7 that I by me Eo test i f y 9 questions State the before to the propounded witness 10 the 11 thereafter t2 transcription 13 revlew L4 f oregoing 15 t,ranscript of all L6 the of said I7 skill were by taken reduced to under pages taking are deposition was taken administer to an oath; test i fying, was duly whol-e truth; counseL t,hat and the down by me in print Court, certify: sworn the answers shorthand and that was requested,' a f ul1 , true, proceedings deposj-tion, deposition that the and accurat,e and test,imony all to the I am in had upon best of I rel-at,ed 20 nor am I FURTHERCERTIFY that t,o nor in employed by any of any way interested DATED this in 25t}: day of the no way parties heret,o t.he outcome October, hereof . 20lL 22 23 25 my and ability. 19 24 of by computer-aided my directior; and signature 18 2L foregoing CerEif ied , Arizorla, of am authorized witness, the Harrington Certified Court Reporter No For the State of Ari zona 50844

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